Delhi High Court Sets Aside SC Commission's Recommendations Against Delhi Police In Caste Discrimination Complaint
The Delhi High Court set aside the recommendations issued by the National Commission for Scheduled Castes (NCSC) against the Delhi Police in a complaint alleging caste discrimination, after the complainant informed the Court that she would pursue her challenge before the Central Administrative Tribunal (CAT). [2026 LiveLaw (Del) 701]
Justice Sanjeev Narula was hearing a writ petition filed by the Delhi Police Commissioner, challenging the minutes/recommendations dated February 12 and May 15, issued by the NCSC in relation to the complaint.
The complaint alleged caste-based discrimination in the recruitment process for the post of Assistant Sub-Inspector (Radio Technician) in the Delhi Police. The complainant had participated in the recruitment process but was declared unsuccessful after failing to secure the prescribed qualifying marks in the trade test.
In its February 12 recommendations, the Commission noted that the complainant had cleared the earlier stages of recruitment and was the only one among 71 candidates who appeared in the trade test to be declared unsuccessful.
Observing that the "possibility of discrimination cannot be ruled out," it recommended that she be given another opportunity to appear for the trade test within one month.
Subsequently, on May 15, the Commission directed the Delhi Police to produce complete video recordings of the trade test, furnish category-wise details of the successful candidates along with their answer sheets, ensure the personal presence of the examiner, and also observed that the Commissioner of Police may appear before it on the next date of hearing.
Challenging these proceedings, the Delhi Police contended that the complaint essentially concerned a service dispute arising out of the evaluation of the candidate in the trade test, which fell outside the Commission's jurisdiction under Article 338 of the Constitution.
Counsel for the complainant then produced an affidavit stating that she had already instituted proceedings before the CAT and undertook to withdraw the complaint pending before the Commission.
The Court took the affidavit on record and held that, in view of the undertaking, the very basis of the writ petition no longer survived.
As such, it set aside the impugned recommendations.
Appearance: Mr. Ashish K. Dixit, CGSC with Mr. Umar Hashmi, Mr. Ayush Kumar and Ms. Iqra Sheikh, Advocates for Petitioner; Ms. Esha Mazumdar, Mr. Seti N. and Mr. Manish Kumar, Advocates for R2 with R-2 (in-Person).
Case title: Commissioner of Police, Delhi v. National Commission For Scheduled Caste And Anr
Citation: 2026 LiveLaw (Del) 701
Case no.: W.P.(C) 9497/2026